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Tag Archives: support

Support Your Parents

Posted in Elder Law, Litigation
“You never call”: a common lament of elderly parents aimed at their adult children. Now, it appears that failing to call, or more specifically, to visit your parents in China may result in legal action. According to a recent Toronto Star article, China has recently amended its law on the elderly to require that adult children … Continue Reading

Support For Dependants – Rewriting a Will

Posted in Estate & Trust, Litigation
Pursuant to dependant support legislation, courts have significant jurisdiction to provide support for those who qualify as dependants, and who have not been adequately provided for by the deceased. The remedies available to a dependant are broad, and the court has the jurisdiction to, essentially, rewrite the will so as to make adequate provision for the … Continue Reading

Common Law Partners’ Rights to Property

Posted in Common Law Spouses
Yesterday’s blog considered the fact that a common law spouse has no beneficial entitlement to his or her deceased spouse’s estate on an intestacy.  There are, however, remedies available to the disappointed spouse.  The first of these is a claim for dependant support found in Part V of the Succession Law Reform Act, whereby a common law … Continue Reading

Dual Co-habitation and Claims for Support

Posted in Estate & Trust
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High Moral Obligation Owed to a Spouse

Posted in Support After Death
There is a tension in the case law between respecting the rights of testators to freely dispose of their estates upon death, and ensuring that a testator’s dependants are provided for in an adequate manner. Past blogs and podcasts on our website have explored this tension.  In a recent decision out of New Brunswick, Johnson v. … Continue Reading

Section 72(1)(e) SLRA: express/written trust instrument is a required element

Posted in Estate & Trust, Litigation, Support After Death
Part V of Ontario’s Succession Law Reform Act ("SLRA") establishes a mechanism whereby qualifying dependants can claim support from the estate of a deceased.  Section 72 of the SLRA is a deeming provision that includes certain non-estate assets as part of the estate for the purposes of calculating the value of the estate, and allows such … Continue Reading

Adult Children Making Gains

Posted in Support After Death, Wills
My colleague Natalia Angelini blogged on February 18 of this year about the increasing possibility that independent, adult children may be entitled to dependant support. A 2009 Ontario Bar Association paper by Susan Woodley concluded that moral obligations of deceased parents in Ontario may require them to provide proper and adequate support to their children, … Continue Reading

Millionaire Widow Seeks Support

Posted in Support After Death
 A recent Ontario decision, MacDougall v. MacDougall Estate [2008] O.J. No. 2930 (S.J.C.), dealt with the issue of adequate provision for proper support under Part V of the Succession Law Reform Act (“SLRA”).  The deceased died in 2004.  His widow (his wife from a second marriage) commenced an application for support from the deceased’s estate.   … Continue Reading

Declarations of Death Act – Hull on Estates Podcast #118

Posted in Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes, Show Notes
Listen to Declarations of Death Act This week on Hull on Estates, Sean Graham and Rick Bickhram talk about the Declarations of Death Act. They discuss what happens when a person goes missing from a jurisdiction and some possible remedies. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, … Continue Reading

Beyond Cummings: Simpson v. Leardi

Posted in Estate & Trust, Litigation
Today’s blog is the third in my series this week on cases in the post Cummings v. Cummings era. Today’s case is Simpson v. Leardi, [2005] O.J. No. 4282 (Ont. S.C.J.).   In Simpson, the deceased had left a substantial estate. The plaintiff had brought an Application pursuant to the Succession Law Reform Act seeking support … Continue Reading

Same-Sex Marriages and their Impact on Estate Law and Administration – Hull on Estates #114

Posted in Hull on Estates, PODCASTS / AUDIO
Listen to Same-Sex Marriages and their Impact on Estate Law and Administration. This week on Hull and Estates, Rick Bickhram and David Smith discuss how changes in the definition of marriage have impacted Estate Law and Estate Administration. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave … Continue Reading

Interim Support in Dependent Support Claims – Hull on Estates Episode #65

Posted in Hull on Estates, Hull on Estates, Litigation
Listen to "Interim Support in Dependent Support Claims" Read the transcribed version of "Interim Support in Dependent Support Claims" During Hull on Estates Episode #65, Sean Graham and Paul Trudelle discuss some of the practice and legal issues that arise regarding interim support in dependant support claims. Section 64 of the Succession Law Reform Act is … Continue Reading

Hull on Estates Episode #42 – Adult Support Obligations of Elderly Parents

Posted in Ethical Issues, Hull on Estates, Hull on Estates
LISTEN HERE READ THE TRANSCRIBED PODCAST During Hull on Estates Episode #42, Justin and Megan discussed the case of Godwin c. Bolcso [1993] O.P.J. No. 297 and Section 32 of the Family Law Act. This case concerns the application by a 58-year-old mother for support from four adult children. The issues covered included the definitions … Continue Reading

IS THERE SUPPORT AFTER DEATH? – What about Moral Obligations and the “Fair Share of Family Wealth” Analysis? – Part VII

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death
As you know, we have dedicated a few recent blogs (see our June 30, 2006 and July 3, 2006 posts) to the Ontario Court of Appeal’s decision in Cummings v. Cummings. Perhaps, most notably, in determining the quantum of support to award in this decision, the Ontario Court of Appeal endorsed the concept of dependant’s … Continue Reading

IS THERE SUPPORT AFTER DEATH? – What Did the Court of Appeal Do in Cummings v. Cummings? – Part VI

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death, Wills
In Cummings v. Cummings, the Court of Appeal affirmed the decision made by the application judge at first instance. In coming to this conclusion, the Court of Appeal was strongly influenced by the concepts set out in the decision of the Supreme Court of Canada in Tataryn v. Tataryn Estate ([1994] 2 S.C.R. 807 (S.C.C.)). … Continue Reading

IS THERE SUPPORT AFTER DEATH? – What is Adequate Provision for Support? – Part IV

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death
As to the adequacy of support, section 62(1) of the Succession Law Reform Act provides as follows: 62. (1) Determination of amount – In determining the amount and duration, if any, of support, the Court shall consider all the circumstances of the application, including, (a) the dependant’s current assets and means; (b) the assets and … Continue Reading

IS THERE SUPPORT AFTER DEATH? – Who is a “Dependant”? – Part III

Posted in Archived BLOG POSTS - Hull on Estates, Support After Death
One of the first considerations that must be carefully reviewed when considering a support claim is the question of "Who is a dependant?" Section 57 of the Succession Law Reform Act defines a "dependant" as: (a) the spouse of the deceased, (b) a parent of the deceased, (c) a child of the deceased, or (d) … Continue Reading
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